People v. Toledo
177 A.D.2d 988, 578 N.Y.S.2d 448, 80 N.Y.2d 839, 1991 N.Y. App. Div. LEXIS 15742
Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1991·Published·Cited by 28 cases
Opinion
Judgment unanimously affirmed. Memorandum: The trial court properly rejected defendant’s request to charge sexual misconduct as a lesser included offense of rape in the first degree and sodomy in the first degree (see, People v Blackwell, 177 AD2d 952 [decided herewith]).
We have examined defendant’s other contention and find it to be without merit. (Appeal from Judgment of Niagara County Court, DiFlorio, J.—Rape, 1st Degree.) Present—Callahan, A. P. J., Denman, Pine, Balio and Lawton, JJ.
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People v. Toledo, 177 A.D.2d 988, 578 N.Y.S.2d 448, 80 N.Y.2d 839, 1991 N.Y. App. Div. LEXIS 15742 (N.Y. Ct. App. 1991).
177 A.D.2d 988 (People v. Toledo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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